The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-01-27

Goyernment. or an. allowance for them be
! added TO the salaries of the circuit judges,
| nation between them and the district Judges
IN any given district the district judge does the
in addition to that which he does in the Dis
trict Court. There should not be two courts
and there Is 40 necessity for two judges of the
same court; but this is not the fault of the
judges. and the district judges are not those
| that could be dispensed with as saperfiuous
| Doing as mueh work as or more than the cir
| cult judges. there is no Just reason for navino
| tho district judges less salary; and in one
sense, 1T is degrading to them and the judg-
ments they give. by far the most numerous In
! the court, 10 pay them unequally. All discrim-
! nations, whether of pay or rank, are mi urious
to the public service, and this is most Serious
! objection to the existing Judicial system. The
judges Of a court being coordinate in authofiTv
| as Jhe several Judges holding q circuit court
| are, should be co-equal in both rank and nav
i llesg Judges are II TACT in practice, and In
absqrdites Of the system, are made for pro-
judgment. Sitting along, either Of them is the
equal of the other, and, sitting together no
mentioned. For the time being the judgmen5
OF the circuit judge prevails as does that Of the
h,s Tho over MS when these two sit
formerly suspendedthe case until the Supreme
Court should decide between them, and now
affords basis of appeal without regard to
amount, after the final judgment accord inc to
the opinion of the presiding judge
There can be, then, no reason for paying one
more than the other, expenses of travel ex-
cepted and it WAS generally understood, when
the salaries Of the circuit judges were increased
to Sc $780, that those OF the district judges should
be fixed at 5000. The delay in doing this has
been caused by the subsequent difference in
the political complexion OF the two houses of
Congress, and feeling that the salaries of the
district judges should be graded according to
the amount of work done by each. How far the
fact that nearly all the judges of all the courts
belonged to one political party-a deplorable
fact. no doubt-has influenced the neglect of
Inc dlstflet Judges, may be conjectural; but,
whatever has been that influence. it should no
longer operate, since the remedy is being rap
IDLY appiied as vacancies occur. Political con-
s1QeratIonS are unworthy of attention from
any source ~ 1regi'rq TO this matter, and per-
that any such influence controls him With
possibly some rare exceptions, anomalous in
thelf chafat ter, IL may be affirmed that the
judges OF the United States courts have been
commercially free from political motive in the
discharge OF ficial duties. These courts and
their judges have not been exempt from that
hostility which arises from the innate preju-
dices on the one hand of al: exaggerated local
opinion in favor OF States rights, or on the
other, from the favoritism which follows I'M
due exaItatlon of the Federal notion; but, after
all, they succeed in meeting the demands OF
the most intelligent public opinion for a Judi
ciary that Shall De REASONABLY free. in the Jude
ments which they give. from bias in either d.
The argument that the salaries should he
graded is, under the circumstances, delusive,
although speciously SO. An act of Congress
properly aud sternly forbids all the judges from
practlclng law OF acting as counsel. Presuma-
bly,, none of them has either taste for or any
adaptation by experience to any other remu-
nera61Ye Gazing. ana IL is wholly undesirable
that the judges should engage in money
making Enthusiastically in corporate enter
prises, manufacturing concerns, stock specuia-
tions or other doubtful employments, which.
for obvious reasons, unit any man for the judi
cial office. This ii too plain to require any
thing more than q statement OF The propose ton
to enforce it; and as long as Congress req uires
the judges to abstain from professional labor.
1t IN effect dlsabies them from all labor that
would add anything to their salary as a means
OF support for themselves and their families. Ii
the salaries were 500 a year, abundant appli-
The United states should pay fair salary to
secure the abiest men, and tolerate none other.
Much has been made OF the singular ugges-
ton that these judges should not be paid more
than tae State Judges are paid. This would
enable a parsimOnious local influence to regu-
late the salaries of the national courts, and, in
some States, deprive those judges of just com
pensation. The argument is the outgrowth
OF mere prejudice against the Federal courts,
and is not entitled to the least serious consid-
GRAFTON. The United States should set a good
example, and not follow q bad one in Difference
to provincial prejadices of that kind.